Different yet the same? Intermediary liability in physical and online markets

The issue of intermediary liability is a hot topic, particularly in the online environment, with decisions in Tommy Hilfiger and Tobias Mc Fadden only intensifying the debate

In an attempt to stem the initial offering and subsequent sale of counterfeit products, rights holders are increasingly invoking contributory trademark infringement claims in both online and offline environments against intermediaries which provide services that facilitate infringements. This tactic makes strategic sense – especially as intermediaries are often best placed to halt...

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